With dispatch bank information a few days ago, learn from net of juridical copy clerk, manager of some bank client is dealing with Chongqing in loan business course, know perfectly well company of the other side to begin professional work not actually, still false report calls compose before its are a sale 10 strong companies, to bank diddle with this loan adds up to 145 million yuan.
Judgment shows, xing Yu of Han of person of first trial the accused, male, was born in Feburary 1976, the Han nationality, culture of three-year institution of higher learning, fasten manager of client of Inc. of Chongqing armour bank formerly. Because of this case, arrived on January 15, 2016 case, morrow is detained by criminal.
11 house property evaluate value to amount to 79 million
Original judgement is maintained, 2012, zhou Ji invests real-estate project to get a bank to borrow money, celebrate company of industrial and finite liability with Chongqing large then (abbreviation large celebrates a company) name, dummy purchase and sale comes back dig machine main content, with area of Chongqing city big crossing the 11 flatlet with 9 palace street temple are produced (Zhou Ji is all 10, large celebrates a company all 1) as pawn, to Inc. of Chongqing armour bank (abbreviation armour bank) offer loan application, armour bank by when the Xing Yu of Han of the accused person that holds the post of manager of client of this head office is in charge of conducting this loan business.
Because large celebrates a company to begin professional work not actually, do not accord with extend the condition of loan, zhou Jisui of the accused person runs false company office of accountant of eternal life of contract of data, purchase and sale, Chongqing the material such as clerical audit report provides finite liability company armour bank, and the value empty that by Chongqing city some asset evaluates a company to produce 11 flatlet is tall evaluate reach more than yuan 7900.
So, does the value that afore-mentioned house property assess have much theory after all tall?
Classics computation, every value makes an appointment with the house property of guaranty 7.18 million yuan. Through inquiring the house price information with 9 palace street and circumjacent 2012 temple, with dispatch bank discovery, the house property of this period all valence is 6000-7000 about yuan, will in order to assess value look, the house property sheet that its mortgage covers an area to exceed 1000 to make the same score rice. . .
Empty shell company changes personally " before 10 strong "
In September 2012, xing Yu of Han of the accused person was opposite findings report of the compose below the circumstance that week of the accused person stimulates offerred data to undertake comprehensive essence examine and verify is investigated, put forward to celebrate a company to give the opinion that believes 65 million yuan to large.
Confirm to case hind according to Zhou Ji, large celebrates company staff only 2 to 3 people, had begun professional work not actually. Han Xingyu is in in celebrating a company to award a letter to examine a process to large, through Chinese people bank the system that sign a letter inquired large celebrates company credit information. Indication large is made clear to celebrate a company to handle Zhang money, goods in stock in this credit report, advocate business Wu income, advocate business Wu taxes and add, advocate business Wu profit all be 0, the large that Han Xingyu disregards this to inquire result and Zhou Ji are offerred celebrates a company to manage the apparent contradiction between the data such as data, still compose findings report says large celebrates a company is before the before big crossing 3 strong, Chongqing in mechanical equipment industry 10 strong sale companies, and had not collected correspondence to trade after accept bill of exchange is signed and issue bill.
October 2012, armour bank agrees with 65 million yuan to celebrate a company to give a letter to large, deadline 1 year, zhou Ji obtains capital move to make him use.
October 2013, zhou Ji gives a letter in early days before capital expires, means is narrated to apply for 80 million yuan to give a letter to armour bank again before continueing to use, han Xingyu was opposite again findings report of the compose below the case that the data that Zhou Ji provides has comprehensive essence examine and verify is investigated, put forward to agree to give the opinion of the letter, armour bank agrees to give a letter.
In October 2014, zhou Ji expires in 80 million yuan of capital that give a letter before, again according to before narrate means to apply for to give a letter to Chongqing armour bank, prepare to continue in formalities of conduction building guaranty ever since Xiang Jiayin goes explain in understanding loan process, because its are used at the house property of guaranty to be closed down by the court, armour bank expresses that he cannot give a letter again, bring about Zhou Ji and large to celebrate company capital catenary to rupture, remand feebly 40 million yuan of outer loan.
2 careful reject appeal to maintain original judgement
On January 16, 2015, phone of mechanism of public security of Zhou Ji classics informs the accused person to be offerred according to the facts after the case stated afore-mentioned facts. On January 15, 2016, xing Yu of Han of the accused person arrives after summon to court of telephone of mechanism of classics public security case.
The court thinks, xing Yu of Han of the accused person the staff member as the bank, deregulation is other to issue note, the clue is serious, its behavior already was formed violate compasses issue blame of financial bill card. Person week stimulates the accused to obtain accept of bank loan, bill in order to cheat a method, the clue is serious, its behavior already made crime of accept of diddle loan, bill.
First instance adjudicates: Zhou Ji of the accused person commits crime of accept of diddle loan, bill, sentence a set term of imprisonment 2 years, punish gold 200 thousand yuan. Xing Yu of Han of the accused person makes violate compasses issue blame of financial bill card, sentence a set term of imprisonment 2 years.
After adjudging, han Xingyu refuses to obey the court decision puts forward to appeal, say its are not the member that give the entrepreneur that believes professional work, fulfilled working obligation correctly already, do not make crime. Ask 2 careful court lawfully Xing Yu of Han of change the original sentence is innocent.
The court expresses, confirm to the attestation after the case according to Zhou Ji, han Xingyu violates compasses act in the existence in the business that give a letter. The fact that via 2 careful cognizance finds out, evidence and first trial court decision are unanimous, the ruling maintains original judgement.
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